7§ Roosevelt Wild Life Bulletin 



the state, after making an effort so to do which said commission 

 shall deem to be reasonable and proper, service may be made by 

 filing said notice and papers in the office of the county clerk, of the 

 county wherein the property so appropriated is situated and by 

 causing such notice and papers to be recorded in the books used 

 for recording deeds in the office of said clerk,; On the filing of said 

 notice and papers with said clerk, it shall be the duty of said clerk 

 to record same in the books used for recording deeds in the office 

 of said clerk and to index the name of the person or persons to 

 whom said notice is directed as a grantor in an index book to be 

 kept by said clerk. 



In case such service is made by filing said notice and papers in 

 the office of the county clerk, any person so served may at any time 

 thereafter file a claim with the court of claims, against the state, 

 notwithstanding the two year limitation provided by this article or 

 by article one, title three of chapter three of the code of civil pro- 

 cedure, excepting that if the person so served shall be brought in and 

 made a party to any claim or proceeding pending in the court of 

 claims or before a referee having jurisdiction to hear, try or deter- 

 mine a pending claim, such person so brought in and made a party 

 shall not thereafter file a claim against the state on account of such 

 appropriation, in addition to or in substitution for the claim to which 

 he has been made a party, unless he shall file such additional or 

 substituted claim within three months from the time he is so brought 

 in and made a party. 



5. Description and certificates to be recorded. If service be 

 personal, the said commission shall thereupon cause a copy of such 

 notice and papers, together with an affidavit of due service thereof 

 on such owner or owners, to be filed and recorded in the same man- 

 ner as provided in subdivision four, and it shall be the duty of said 

 clerk to record and index same as provided in subdivision four in 

 case service is other than personal ; and the record of such notice, and 

 of such proof of personal service, shall be presumptive evidence of 

 due service thereof. 



6. Adjustment of claims by agreement. Claims for the value of 

 the property appropriated, and for legal damages caused by any 

 such appropriation, may be adjusted by the commission, if the 

 amount thereof can be agreed upon with the owner or owners thereof. 

 Upon making any such adjustment and agreement the commission 

 shall deliver to the comptroller a certificate stating the amount 

 due to said owner on account of such appropriation of his land or 

 other property, and the amount so fixed shall be paid by the treas- 

 urer upon the warrant of the comptroller. 



7. Court of claims, jurisdiction of. If the commission and the 

 owner or owners of the property so appropriated fail to agree upon 

 the value of such property, or upon the amount of legal damages 

 resulting from such appropriation, within one year after the serv- 

 ice of the notice and papers provided for in section sixty-eight 



